Immigration Reform For Parents Of US Citizens

The United States Supreme Court upheld the nationwide injunction on President Obama’s Executive Actions, Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and the expansion of Deferred Action for Childhood Arrivals (DACA+). This means that DAPA and DACA+ will not be implemented and more than likely a similar program will not be put in place until after the Presidential election, if in fact a similar program is implemented.

In November of 2014, in addition to DACA+, President Obama announced DAPA. DAPA was designed to give parents who have children that are legal U.S. citizens or permanent residents a method of obtaining a 3-year work permit and exemption from deportation. 

To be eligible, the individual must have:

• Lived in the U.S. since January 1, 2010

• Have been physically present in the U.S. on the day the program was announced, November 20, 2014

• Be physically present in the U.S. when applying

• Lacked lawful immigration status on November 20, 2014

• Have a child who is a lawful permanent resident or U.S. citizen as of November 20, 2014

• Have not been convicted of a felony 

DACA+ would have taken away the requirement that applicants be under the age of 31 in 2012 and would have given eligibility to those who have lived in the U.S. continuously since 2010.

It is estimated that approximately 5 million immigrants currently residing in the U.S. would have been eligible under the DAPA plan, which would have had a large impact across the country. 

This article was written prior to the Supreme Court ruling. Although DACA+ and DAPA are not in effect there is still pending litigation as the Supreme Court ruling upheld the injunction that was in place and did not decide the merits of the case. The original DACA is still in place and was not affected by the Supreme Court ruling.

Jacob Monty is the Managing Partner at Monty & Ramirez LLP in Houston, Texas.